ritz (employee) 10 October 2010

Power of Attorney

Hello Friends,

My father is currently in USA and due to ill-health is not physically fit to travel and in fact, hospitalised. I have a brother in India. We have a property in India that is up for sale and the sale cannot be postponed. Also the original property ownership document is in the bank in a locker, the bank account being in my father's name.

So basically we are trying to get my brother to open the bank locker, get the original document out and pursue the property sale.

My question is - can my father confer Power of Attorney to my brother in India to get him to open the bank locker, and pursue the sale of the property in my dad's absence....or is there any other way ?

And with regards to getting the Power of Attorney done, can it be done in USA where my dad currently is ? does to POA have to be necessarily attested by the Indian embassy here ? After the attestation, does it have to be adjudicated in India ? Can the same POA document empower my brother to operate my dad's bank locker as well as carry out the property sale or does it have to be two separate POA for each.

We have never made a POA before...how do i figure out what to type on the document ?

Appreciate any help. Thanks a ton !!

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5 Replies

Navaneetha Krishnan (Junior lawyer) 10 October 2010

yes friend you can very well execute a power of attorney in your brothers nameand he can very well sell the property in he absence of your father

1. one power of attorney is enough in that you have to clearly specify clauses that is it is executed for operating bank locker and to sell the property

2. you have to execute the power of attorney in usa only and i think attestation should be done by a notary in usa that is enough

3. where is the property situated.......

Nayan M. Chavda (Advocate) 11 October 2010

11th October, 2010

Namaste,

Dear Friend,

You can absolutly make POA in your brother's name and POA must be notarized in USA. After making POA send it to your brother, he can use all the powers which are confired by your father in your brother's name. Remember the POA must be contain all the requirements which you wish to execute.

saravanakumar (Lawyer) 11 October 2010

Hai Friends

As Nayan and Naveenath said You can Make POA.

One think as per banks norms, bankers will have a special format please enquire. For bank you have to handover the original POA.

For proprety - the POA should contain details about the property,its should specify the details of the property, After geting notarized from US its should be adjudicated. For adjudication you have lot of formalities, Normally you will recive the POA by Post or courier, postal cover with seal should be attached for adjudication. Please enquire with District Registrar Office.

After adjudication you can sell or purchase the property.

Regards

Saravanakumar

+91 9842215442

saravanakumar (Lawyer) 11 October 2010

Hai Friends

As Nayan and Naveenath said You can Make POA.

One think as per banks norms, bankers will have a special format please enquire. For bank you have to handover the original POA.

After adjudication you can sell or purchase the property.

Regards

Saravanakumar

+91 9842215442

RAMESH D SHAH (ADVOCATE - PROPERTY CONSULTANT) 11 October 2010

Hai Dear Friend,

As already suggested by Navneet and Nayan your father can execute a General Power of Attorney (GPA). It can be used for the bank purposes as well as for selling the property belonging to your father. It can be notarised in your jurisdictional residence of your father and the original sent to your brother in India. However the GPA has to be Adjudicated in the residential jurisdiction of your brother in India in the District Registrar's office by paying the necessary applicable fee. Also please specify in the GPA all the necessary things which your father intends his son to do with his property and also clearly specify the schedule of the property intended to be sold in the GPA.

Regards,

Ramesh D Shah

+91 9845328016